Jammu Kashmir Govt Issues Advisory to Parents Against Allowing Minors to Drive, Cites Legal Consequences
Srinagar: The Transport Department of Jammu and Kashmir has issued a public advisory cautioning parents and guardians against permitting their minor or underage children to operate two-wheelers or four-wheelers. This advisory, signed by Transport Commissioner Rajinder Singh Tara, emphasises the potential risks associated with underage driving, including harm to the child, other pedestrians, and commuters. It also highlights the legal ramifications under Section 199A of the Motor Vehicles Act, 1988, for both minors and their guardians.
The advisory outlines several specific penalties and consequences for allowing minors to drive:
Guardian Liability: If an offence is committed by a juvenile under the Act, the guardian or vehicle owner is deemed responsible and may face legal action. This includes penalties even if the offence was committed without the guardian’s knowledge, unless they can prove they exercised due diligence to prevent the act.
Imprisonment and Fines: Guardians found liable under sub-section (1) of Section 199A could face imprisonment for up to three years and a fine of twenty-five thousand rupees.
Exemptions for Licensed Juveniles: Sub-sections (1) and (2) do not apply if the juvenile held a valid learner’s licence or driving licence for the specific vehicle being operated.
Vehicle Registration Suspension: If a juvenile commits an offence with a particular vehicle, its registration may be cancelled for twelve months.
Licence Eligibility Restriction: Minors who commit offences are barred from obtaining a driving licence under Section 9 or a learner’s licence under Section 8 until they reach the age of 25.
Additional Fines and Custodial Sentences: Juvenile offenders may also face fines, with the possibility of modified custodial sentences under the Juvenile Justice Act, 2000.
In the advisory, the Transport Commissioner appeals to the general public, particularly parents and guardians, to adhere to these regulations and prevent minors from driving. The statement warns that violations of these laws can lead to severe legal consequences, aimed at curbing underage driving and ensuring public safety.
This advisory follows recent incidents involving underage drivers, prompting authorities to reinforce the legal consequences of permitting minors to operate motor vehicles. The advisory serves as a reminder that parents or guardians are not only risking the lives of their children but are also legally accountable for any infractions committed by minors under their care.
The Jammu and Kashmir Transport Department’s advisory aims to encourage responsible behaviour among parents and guardians, safeguarding both their children and the community. The Transport Commissioner’s office emphasises that the advisory is issued in the interest of the general public and aims to promote awareness of the legal framework governing motor vehicle use by minors. (Kashmir Life)
